Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 58-62 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as
failing to comply with the enablement requirement. The claim(s) contains subject matter which was not
described in the specification in such a way as to enable one skilled in the art to which it pertains, or
with which it is most nearly connected, to make and/or use the invention.
As to claim 58, what structure/step allow for circulating after heating? Nothing is apparent in
either the drawings or specification. There are no examples, no reference, no direction on
experimentation. What is one of ordinary skill to turn?
As to REMARKS, consider:
As to the last paragraph of p. 7; circulating suggests fluid flowing in a loop. Figure 2 does not suggest such. For now, there is nothing that provides for circulating.
Claims 56-80 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 56, that phrase “chromatographic method” (line 11) remains problematic. Consider that the definition provided on lines 13-18 of p., 8 of Remarks filed 1/8/26 started well, but then lines 11-13 of p. 8 confused such by expressly including detector, valve, column, analytical system, device and “other” components into the phrase “chromatographic method”. As such, what does the “chromatographic method” mean? Is it strictly functional steps, or steps that employ the listed components, or even a collection of both? The phrase “chromatograph method” needs to be defined so that one of ordinary skill may know what this claim is limited to. Such need be done to know the metes and bounds of this claim might be. Even the box marked “Chromatographic Method” (Figure 16) adds confusion because such shows only an oven and detector, as one of ordinary skill may then come to the mistaken conclusion that the Chromatographic Method comprises the step of using a column! (Not all chromograph methods include all of the listed steps and/or structure on p. 8 (of Remarks), while some systems may only have a separator. (Note: That phrase “to release the concentrated gas sample contained in the sample loop in a chromatographic method” is difficult grasp, as clarifying statements for its meaning are much uncertain. Also, a method (ex “chromatographic method”) without a step is inherently troubling because; consider that as there is no step, there is no method.1
As to claim 69, lines 10-13 are indefinite for the same reasons as provide in claim 56 immediately above.
As to claim 69, how might a sample loop outlet be “connected to the chromatograph method” (last 2 lines), as a method is not structure.
As to claim 80, the last 4 lines of the claim are indefinite for the same reasons as provide in claim 56 immediately above.
As to claim 80, how might a sample loop outlet be “connected to the chromatograph method” (last line), as a method is not structure.
Claim(s) 56-66,68,80 is/are rejected under 35 U.S.C. 102a1 as being anticipated by KR 20080056357.
As to claim 56,61,63,68,80 Kim teaches a method for concentrating a gas sample, the method
comprising: preparing a concentrated gas sample from a non-concentrated gas sample with a
trap 14, the trap having a gas outlet (adject element13, Figure 2b) and enclosing an internal volume;
controlling a temperature of the internal volume of the trap to reach a release
temperature (temperature control 15, heater wire 17; Figure 1);
injecting the concentrated gas sample in a sample line towards a sample loop
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,
the sample loop having a sample loop inlet and a sample loop outlet
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, the sample line
and sample loop being at a sub-atmospheric pressure (supply unit 30 draws the sample towards the supply by serving as a vacuum source:; and
operating the sample loop to release the concentrated gas sample contained in
the sample loop in a chromatographic method
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, wherein the trap is not in line with the
chromatographic method
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,_
wherein:
the sample line is connected to the gas outlet of the trap and the sample loop
inlet of the sample loop
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; and
the sample loop outlet of the sample loop is connected to the chromatographic
method
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580
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.
.
As to claims 57,58, heating from control 15 and heating wire 17 allows for such.
As to claim 59, the device is employed again and again, thus the trap is flushed.
As to claim 60, isolation is apparent at Figure 4b (after Figure 2a).
As to claim 62, pressure is adjusted, suggestive of measuring.
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As to claims 64,65, the Reference releases as a pulse as much as claimed.
As to claim 66, the device is cleaned: “The device is cleaned by draining the sample together”.
“As described above, when one type of sample is removed, distributed, and analyzed, and another sample is to be analyzed, the previous sample remaining in the apparatus of the present invention should be washed. In this case, the second control valve ( When the carrier gas is sent into the second control valve 40 in a state in which 40) is switched to the position shown in FIG. 2D, the carrier gas is discharged through the second control valve 40 and the loops 50 and 51 in order. The device is “cleaned” draining the sample together.”
As to REMARKS, consider:
As to the last paragraph of p. 7; circulating suggests fluid flowing in a loop. Figure 2 does not suggest such. For now, there is nothing that provides for circulating.
As to the second to last paragraph of p. 9; the Reference’s sample line is as much a “line” as claimed.
As to the second to last paragraph of p. 9; “directly” is not in claims. Also, Para 99 (Pub) describes what the term “connection” means.
As to the last paragraph of p. 9; this paragraph does not distinguish the claim from the Reference.
As to pp 10 and 11; the Reference teaches every claim limitation.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Monday to Friday from 8am to 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT R RAEVIS/ Primary Examiner, Art Unit 2855
1 Undersigned consider the possibility that the - - chromatographic method include operating the sample loop to release the concentrated gas sample - -, but could not make sense of such giving that “Chromatographic Method” box in the upper left-hand corner of Figure 16.